Provides for recall of elected officials

1 Co-sponsor

• Terrence P. Murphy

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 of the constitution, in relation to providing for recall

Purpose or general idea of bill

The legislation proposes the addition of a new article 20 of the constitution, in relation to providing for recall of elected officials

Summary of provisions

Section 1 of the bill renumbers articles of the constitution to add a new article 21 that provides for the recall of state and local officers under specified procedures and conditions.

Section 2 of the bill establishes the effective date of the bill.

Justification

Recent reports of corruption, fraud, and misuse at all levels of public office have enhanced already declining trust in elected officials and skepticism about the path of our government. Without investment in the future of our state of politics, New York State cannot guarantee that there will be adequate and substantive reforms. With that said, it is imperative that the voters of New York State be reassured that they retain control over the electoral process and that those officials that fail to represent their best interests can be held accountable.

The recall process has been used in the United States since the beginning of the twentieth century. This has included measures targeted at officials at the local and state levels. To date, twenty states, in addition to the District of Columbia, permit some form of recall for elected officials. While the particular grounds for recall vary by state, some of the primary justifications for its use are found when elected officials have been accused of a serious violation of public office, committed a crime, transgressed ethically, or have irreparably broken the trust of the voters. Given the current political climate in New York, and the alarming number of elected officials charged with violating the public trust, this legislation represents a major step in holding elected officials accountable.

In addition to being a significant institutional change, the recall process promises to bring back a level of responsiveness and responsibility that many voters feel has been lost. This measure will ensure that state and local officials who violate the trust of their constituents, and abuse their public office, can be removed in a timely and efficient manner. At this juncture, it is vital that we establish a standard of integrity and reliability that the voters in New York deserve.

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

The amendments will be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published three months previous to the time of such election.